Introduction
Hello reader – we all know that a divorce can be an emotionally draining and legally complex process. But don’t worry, this comprehensive guide is designed to help you navigate the ins and outs of divorce in Bangalore.
We will cover the grounds for divorce, types of divorce, the divorce process, legal rights and responsibilities, choosing a divorce lawyer, and coping with the emotional impact of divorce. You see, almost everything is covered here.
By the end of this guide, you’ll have a clearer understanding of what to expect and how to proceed during divorce, a very challenging time for many.
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Grounds for Divorce
Adultery
Adultery is a common ground for divorce in Bangalore. If one spouse has engaged in sexual relations outside of marriage, the other spouse can file for divorce on the grounds of adultery.
Proving adultery in court, however, can be a complex and delicate matter. Get a free legal consultation to know about this topic in detail.
Cruelty
Cruelty refers to mental or physical abuse inflicted by one spouse on the other. This can include physical violence, mental torture, or any other behaviour that causes significant harm.
e.g. If your partner has been treating you like dirt and making your life miserable, you can file for divorce on the grounds of cruelty
Cruelty can be a ground for divorce if it is proven that one spouse has suffered enough and cannot reasonably be expected to continue living with the other spouse.
Desertion
Desertion occurs when one spouse leaves the other without any reasonable cause or consent. If a spouse has been abandoned for a continuous period of two years or more, the other spouse can file for divorce on the grounds of desertion.
Conversion
If one spouse converts to another religion without the consent of the other spouse, it can be considered a ground for divorce. The affected spouse can file a divorce petition based on the conversion.
Mental Disorder
A spouse suffering from a mental disorder that is severe enough to prevent them from leading a normal married life can be a ground for divorce. This includes conditions like schizophrenia and bipolar disorder.
Communicable Disease
If a spouse suffers from a communicable disease, such as HIV/AIDS or venereal disease, the other spouse can file for divorce on this ground. The disease must be of a severe nature and pose a risk to the health of the other spouse.
Types of Divorce
Contested Divorce (Only one spouse wants a divorce)
A contested divorce is when one spouse files for divorce based on specific grounds, and the other spouse disputes these grounds or the terms of the divorce.
Contested divorces can be lengthy and complex, as both parties may need to present evidence and argue their case in court. Apply for a contested divorce.
Mutual Consent Divorce (Both spouses want a divorce)
In a mutual consent divorce, both spouses agree to the terms of the divorce and decide to end their marriage amicably.
This type of divorce is typically faster and less expensive, as the parties work together to reach a mutually acceptable agreement. Apply for a mutual divorce.
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Divorce Process in Bangalore
Filing the Divorce Petition
The first step in the divorce process is filing the divorce petition. The spouse seeking the divorce (petitioner) must submit a legal document outlining the grounds for divorce, along with any supporting evidence.
This petition is then served to the other spouse (respondent), who has a specific period to file a response.
Honestly speaking, once you’ve filed the divorce petition, it’s like opening a can of worms – you’ll have to go through a bunch of court proceedings and hearings. But no worries, Adjuva Legal and its team are here for your support, anytime and every time.🤗 Drop a message to this WhatsApp link, if needed.
Court Proceedings
Once the divorce petition is filed and served, the court will schedule a series of hearings to examine the case.
During these hearings, both spouses will present their arguments and evidence, and the judge may order mediation to help the parties reach an agreement.
If an agreement cannot be reached, the case will proceed to trial.
Final Order of Divorce
After considering the evidence and arguments presented by both spouses, the judge will issue a final order of divorce.
This order will outline the terms of the divorce, including custody arrangements, maintenance, and division of property.
Once the final order is issued, the divorce is legally binding, and both spouses must adhere to its terms.
Legal Rights and Responsibilities
Maintenance and Alimony
Maintenance or alimony is financial support provided by one spouse to the other after the divorce.
The court may order one spouse to pay maintenance to the other, depending on factors such as the earning capacity of each spouse, the duration of the marriage, and the standard of living during the marriage.
Maintenance or alimony is basically like pocket money that your ex has to give you every month.
Child Custody and Visitation
In a divorce, the court will determine the custody and visitation rights of both parents.
The court may grant joint custody, where both parents share the responsibility of raising the child, or sole custody, where one parent is primarily responsible for the child’s upbringing.
Visitation rights allow the non-custodial parent to spend time with the child regularly.
When it comes to child custody, the court will decide who gets to be the boss of the baby.
Division of Property
The division of property in a divorce depends on the marital property laws applicable in Bangalore.
The court will consider factors such as the duration of the marriage, the financial contributions of each spouse, and the needs of each party to determine a fair distribution of assets.
How to Choose a Divorce Lawyer in Bangalore
Look for a lawyer who’s got your back. Make sure you choose someone you feel comfortable talking to and relying upon.
Choosing the right divorce lawyer is crucial for the legal process and for protecting your interests. Look for a lawyer with experience in family law and divorce cases in Bangalore, and consider their reputation, communication skills, and fees when making your decision.
We are not boasting about ourselves, but we have an amazing record and reputation in Bangalore. See for yourself –
Coping with the Emotional Impact of Divorce
Divorce can be emotionally challenging for both spouses and their children.
It’s normal to feel like you’re going through a rollercoaster of emotions like you’re stuck in a bad Bollywood movie. But don’t worry, you’re not alone.
Take some time to do things that make you happy, like binge-watching your favourite show or eating your weight in ice cream (but please look after your physical health so that your mental health will be happy too).
It’s essential to seek support from friends, family, or professional counsellors during this time.
Engaging in self-care practices and focusing on rebuilding your life (very important especially in this phase) can also help relieve the emotional burden of divorce.
Conclusion
Divorce in Bangalore or anywhere is a complex process that requires a thorough understanding of the legal system and emotional well-being to navigate its challenges.
By familiarising yourself with the grounds for divorce, the divorce process, legal rights and responsibilities, and the importance of choosing the right lawyer, you’ll be better prepared to face this difficult time.
Remember to prioritize your emotional well-being and seek support when needed.
Take care of yourself and know that you’re not alone in this.🧡
Author – Saket Sambhav, Co-founder, Adjuva Legal.
Disclaimer: The opinions expressed within this article are the personal opinions of the author. The facts and opinions appearing in the article do not reflect the views of Adjuva Legal and Adjuva Legal does not assume any responsibility or liability for the same.
